BAGHELKHAND PRODUCTS, SATNA Vs. RAMLAL CHAURASIYA

JUDGEMENT

(1.) THE above order has been received from the Member, Board of Revenue (Shri K.L. Pancholi) for concurrence under section 15 of the V.P. Land Revenue and Tenancy Act, 1953. The non -applicant wanted to be heard. The parties were accordingly noticed and heard.

(2.) IT is necessary for the disposal of the revision to briefly enumerate the fact of the case. Bhokkan kol was the muafidar of khasra Nos. 1259 and 1263 of village Pahadi tahsil Maihar. He leased out the khasra number to one Ramlal who is non -applicant in these proceedings. M/s. Baghelkhand Products, who are the applicants were assigned a mining lease of the same land. In 1955 the lands were resumed and Ramlal was evicted. It was held that Ramlal was a trespasser and land belonged to the State. Subsequent to Ramlal's eviction proceedings were started under section 156 of the Act and the same lands were allotted to Ramlal on 11.2.57. M/s. Baghelkhand Products applied to the Tahsildar that a mining lease had been granted to them in respect of the same lands and asked that the order dated 11 -2 -57 be set aside. The Tahsildar rejected the application made by M/s. Baghelkhand Products. A revision was filed before the Board against the order of the Tahsildar.

(3.) THE learned counsel for the non -applicant contended that the Board has no jurisdiction to entertain a revision against the Tahsildar's order because the Tahsildar's order was appeal able under section 45 and a revision to the Board lies under section 14 only in case in which no appeal lies to the Board. It is further argued on behalf of the non -applicant that as M/s. Baghelkband Products failed to challenge the order resuming the lands and for vesting them in the State passed in 1955, they cannot now challenge the order dated 11 -2 -57. According to him the Board is not competent to re -open the question.